VidhiSangh

Supreme Court of India · 20/11/2024

SUNNY @ SANTOSH DHARMU BHOSALE versus THE STATE OF MAHARASHTRA

[2024] 11 S.C.R. 1440 · 2024 INSC 878

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Summary

The Supreme Court upheld the finding that the appellant assaulted the deceased with a bamboo stick, causing his death, but altered his conviction from murder under Section 302 IPC to Part I of Section 304 IPC. There was no motive or premeditation, no weapon was brought, and a sudden fight in the heat of passion could not be ruled out. He was sentenced to the period already undergone.

Issues

  1. Whether the concurrent finding that the appellant assaulted and caused the death of the deceased was sustainable on the eyewitness evidence.
  2. Whether the conviction under Section 302 IPC was sustainable or should be altered to a lesser offence.

Provisions considered

Held

Result

Appeal partly allowed; conviction under Section 302 IPC altered to Part I of Section 304 IPC; appellant sentenced to the period already undergone; bail bonds discharged.

Judgment PDF: Supreme Court of India, [2024] 11 S.C.R. 1440.